Contract Assignment and Wholesalers

Contract Assignment and Wholesalers

📝 Contract Assignments & Double Closings — Explained Simply
✅ What Is a Contract Assignment?
contract assignment happens when a buyer (usually a wholesaler) puts a property under contract and then assigns their contractual rights to another buyer.
  • The wholesaler is NOT selling the property.
  • They are selling their right to purchase the property.
  • You—the end buyer—step into their place and close directly with the seller.

🔍 When You’re the Buyer: Who Are You Buying From?
✔️ In an Assignment
You are buying the property from the seller.
You are paying a fee to the wholesaler for the right to take over their contract.
Your role:
  • You close directly with the seller.
  • You fund the purchase price + assignment fee.
  • The wholesaler does not take title.
✔️ In a Double Closing
You are buying the property from the wholesaler.
Here’s what happens:
  1. Wholesaler buys the property from the seller (A-to-B closing).
  2. Immediately—same day or shortly after—you buy the property from the wholesaler (B-to-C closing).
Your role:
  • You close with the wholesaler, not the original seller.
  • The wholesaler takes temporary title.
  • Often used when assignment fees are large or the wholesaler wants confidentiality.

🧾 Assignment vs. Double Closing
Feature
Assignment
Double Closing
Who do you buy from?
Seller
Wholesaler
Does wholesaler take title?
No
Yes
Do you pay assignment fee?
Yes
No, you pay a new purchase price
Transparency?
Fee is visible
Fee is hidden
Cost to wholesaler
Low
Higher (two closings)
Commonly used when…
Fee is modest, no issues
Fee is large or seller objects

🏡 How to Handle It When You’re the Buyer
⭐ 1. Ask for the full contract chain
You need:
  • Original purchase contract
  • Assignment agreement (if applicable)
  • All addenda or disclosures
Make sure the wholesaler has the contractual right to assign.
⭐ 2. Confirm who you’re closing with
Tell the title company:
  • “Is this an assignment or a double close?”
  • “Who is the seller on my contract?”
This avoids last-minute confusion.
⭐ 3. Verify the numbers
If it’s an assignment:
  • Purchase price = seller’s price
  • Plus assignment fee to wholesaler (paid on ALTA or outside closing)
If it’s a double close:
  • You only see your purchase price.
  • The wholesaler's profit is baked in.
⭐ 4. Review title & access
Assignments sometimes miss:
  • Access for inspections
  • Seller approval of assignment
  • Proper disclosure requirements
Make sure:
  • You can inspect
  • You can cancel under certain conditions
  • Title is clear from the original seller
⭐ 5. Know your risks
Assignments often offer:
  • As-is contracts
  • Non-refundable deposits
  • Tight timelines
Wholesalers often use investor-heavy contracts; read carefully.

📌 When Should You Be Cautious?
  • Wholesaler won’t provide the original contract.
  • Wholesaler ties up the deal but can’t legally assign.
  • Non-refundable deposits with no inspection period.
  • Title company says “this isn’t assignable.”
  • Seller doesn’t know the contract was assigned (red flag!).

🔄 Quick Summary
  • Assignment = You buy from the seller; wholesaler is paid a fee.
  • Double close = You buy from the wholesaler; they take title first.
  • Always review the contract chainclosing structure, and fees.
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